ASI BUSINESS SOLUTIONS, INC. v. OTSUKA AMERICA PHARMACEUTICAL, INC.

Filing 53

ORDER THAT PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION 3 IS DENIED WITHOUT PREJUDICE TO THE PLAINTIFF PROCEEDING ON THE UNDERLYING COMPLAINT OR SEEKING PERMANENT INJUNCTIVE RELIEF. IT IS FURTHER ORDERED THAT THE PRELIMINARY INJUNCTION HEARING PREVIOUSLY SCHEDULED FOR FEBRUARY 14, 2017 IS HEREBY CANCELLED FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM 52 , ETC. SIGNED BY HONORABLE E-MAILED.(nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ASI BUSINESS SOLUTIONS, INC., Plaintiff, v. OTSUKA AMERICA PHARMACEUTICAL, INC., Defendant. : : : : : : : : : : : CIVIL ACTION NO. 16-5514 O R D E R AND NOW, this 10th day of February, 2017, upon consideration of Plaintiff’s Complaint and attached exhibits (ECF No. 1), Plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in support thereof (ECF Nos. 2, 3), Plaintiff’s Proposed Findings and Fact and Conclusions of Law, along with a supporting Memorandum of Law (ECF Nos. 39, 40), Defendant’s Proposed Findings of Fact and Conclusions of Law, together with a Memorandum of Law in Opposition to Plaintiff’s Proposed Findings and Fact and Conclusions of Law (ECF No. 43), and the parties’ letter statements and responses regarding the scheduled preliminary injunction hearing (ECF Nos. 45, 46, 47, 48), and following a telephone conference held on the record with counsel for both parties on February 7, 2017, it is hereby ORDERED, for the reasons stated in the accompanying Memorandum, that Plaintiff’s Motion for a Preliminary Injunction (ECF No. 3) is DENIED without prejudice to the plaintiff proceeding on the underlying complaint or seeking permanent injunctive relief. It is further ORDERED that the preliminary injunction hearing previously scheduled for February 14, 2017, is hereby CANCELLED for the reasons stated in the accompanying memorandum. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. 2

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